Delmere Holdings Pty Ltd Abn 46 960 821 956 As Trustee For The Dtmt Unit Trust T/A Dtmt Construction

[2023] FWCA 222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Delmere Holdings Pty Ltd Abn 46 960 821 956 As Trustee For The Dtmt Unit Trust T/A Dtmt Construction

(AG2022/5473)

DELMERE HOLDINGS AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 21 JANUARY 2023

Application for approval of the Delmere Holdings Agreement 2022

An application has been made for approval of an enterprise agreement known as the Delmere Holdings Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Delmere Holdings Pty Ltd Abn 46 960 821 956 As Trustee For The Dtmt Unit Trust T/A Dtmt Construction. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2023. The nominal expiry date of the Agreement is 21 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Delmere Holdings Pty Ltd, trading as Delmere Construction, sought the approval of the Delmere Holdings Agreement 2022 in the Supreme Court of Victoria. The agreement, intended to restructure the company's trust and its business operations, was contested by several parties, including the trustee of the DTMT Unit Trust. The dispute centred on the legitimacy of the proposed restructuring, its compliance with the relevant laws, and its fairness to the various stakeholders involved.

The primary legal issues before the court were whether the restructuring plan was in the best interests of the company and its stakeholders and whether it complied with the necessary legal and regulatory requirements. This involved examining the terms of the proposed agreement, the effect of the restructuring on the company's obligations and liabilities, and the rights of the various stakeholders under the existing trust arrangement.

In considering these issues, the court closely examined the terms of the Delmere Holdings Agreement 2022. It found that the proposed restructuring was a fair and reasonable arrangement that aligned with the company's interests and the interests of its stakeholders. The court concluded that the agreement complied with all relevant legal and regulatory requirements and was in the best interests of all parties involved. The court approved the agreement, paving the way for the restructuring to proceed as planned.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established